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The Great Pretender (NUPL Parody)

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A “matrix” was released by the Office of the President last April 22, alleging media groups and the National Union of Peoples’ Lawyers (NUPL) as involved in the conspiracy to destabilize the Rodrigo Duterte government.

In this music video based on the popular The Platters song “The Great Pretender, some members of the NUPL sing their hearts out to protest the “association matrix” that links journalists and lawyers as purportedly behind a destabilization plot.

A hilarious–yet serious–allegation deserves no less.

‘Magic matrix’

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“The source of that is from the Office of the President, from the President himself. I don’t know how he got one but it’s coming from the President. I talked to him the other day,” chief presidential legal adviser and presidential spokesperson Salvador Panelo said.

Last April 16 in Tuguegarao City, Duterte said intelligence reports have been fed to him from “foreign” sources about the supposed coordinated media plot to discredit him. Panelo admitted that the President himself ordered him to release the matrix in a Malacañan press conference Monday, April 22.

Cartoon by Mark Suva/Kodao

Lawyers: Duterte a disgrace to the legal profession

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Rodrigo Duterte is a disgrace to the legal profession, a lawyers’ group said after the president reportedly authorized the release of a matrix to the public yesterday alleging a destabilization plot by journalists and lawyers.

In the press conference in Quezon City this morning, the National Union of Peoples’ Lawyers (NUPL), named as among those involved in the destabilization plot to oust the president, said Duterte may have violated several laws in allowing a “foreign intelligence body” to launch surveillance operations against Filipino citizens.

“He is a big disappointment to the legal profession as he has abandoned all legal tenets,” NUPL chairperson and senatorial aspirant Neri Colmenares said.

Colmenares said Duterte, a lawyer, may have violated several laws in authorizing the release of the matrix naming the NUPL as well as Rappler, Vera Files and the Philippine Center for Investigative Journalism (PCIJ) as among those seeking to destabilize the government.

Among the laws that may have been violated are the Anti-Wiretapping Law, the Data Protection Act, the Eletronic Engineering Act as well as Constitutional provisions on privacy, he added.

“Duterte is intolerant of dissent. Diyos niya ang intelligence reports. Lawyers like us should be ruled by evidence, which he and Panelo, also a lawyer, failed to present,” Colmenares explained.

NUPL recalled that Duterte announced last week he will get back at media organizations that came out with reports about the rise in his family’s wealth.

“In the coming weeks, I will return the favor. So [PCIJ], you better stop,” Duterte said.

NUPL secretary general Ephraim Cortez also said that the president may have also violated the Rules of Court allowing lawyers to represent anyone.

“[The matrix is] disturbing and without let up…designed to stifle dissent and is an attack against the legal profession,” Cortez said.

“It is doubly dangerous because it is peddled by Duterte himself, which means he is telling his foot soldiers it is open season for lawyers and journalists,” Cortez added.

The NUPL said they will raise Malacañan’s latest attack against them to the Supreme Court as a supplement to its Writ of Amparo petition filed last April 15 seeking protection for government state forces linking the human rights lawyers to the Communist Party of the Philippines and the New People’s Army.

The NUPL yesterday immediately denied it is involved in any plot to oust Duterte, saying its lawyers does not have time beyond defending their many clients. # (Raymund B. Villanueva)

NUPL: Ouster plot allegation ‘absurd’

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A progressive lawyers’ group slammed a news report linking it to an alleged ouster plot against President Rodrigo Duterte, calling the story “an imagination gone berserk.”

The National Union of Peoples’ Lawyers (NUPL) said The Manila Times story “Oust-Duterte plot bared” published today and bylined by its chairman emeritus Dante Ang “fantastic” and “libelous.”

“This has certainly gone over the walls of credulity. It is absolutely false, totally baseless and completely ludicrous,” the NUPL said in a statement.

Ang’s story alleged the group, along with independent media groups and journalists including Vera Files, Rappler and the Philippine Center for Investigative Journalism (PCIJ) are involved in a plot to oust Duterte.

The first matrix presented in The Manila Times report.

“There is a plot to discredit the President and destabilize his government,” Ang’s story said, quoting a anonymous source in the Office of the President said.

“There’s an obvious pattern of close coordination among some media organizations for the timely publication of anti-Duterte stories,” the source supposedly told Ang.

The story added the plot is utilizing the media, planting fake news, distributing them to the friendly media outlets, whetting the people’s appetite, arousing their anger, manipulating public emotion, touching base with the Leftist organization, enlisting the support of the police and the military, then going for the “kill.”

It added that journalist Ellen Tordesillas of Vera Files is serving as main distributor of the videos of a certain “Bikoy” accusing Duterte, son and former Davao City vice mayor Paolo Duterte, senatorial aspirant Christopher “Bong” Go, among others as illegal drugs distributors.

The second matrix alleging Tordesillas acting as nexus of the distribution of videos accusing the Dutertes of having links with the illegal drug trade in the country.

“’Bikoy,’ obviously a pseudonym, was the source of the black propaganda, the matrix shows. From Bikoy, the stories go to Ellen Tordesillas, president of Vera Files, who acts as the nexus and distributor of the materials to the Philippine Center for Investigative Journalism, Rappler and the NUPL. These organizations, in turn, distribute the false narratives to their respective members,” Ang’s story said.

In a press briefing at the Malacañan Palace, presidential spokesperson and chief legal adviser Salvador Panelo said revealed Ang’s source was President Duterte himself.

“I was supposed to release this today. Naunahan lang ako ng Manila Times,” he said. (Manila Times was just ahead of me.)

Panelo said the matrix was the result of intelligence information gathered by foreign countries and shared to Malacañan.

‘Laying the ground for more attacks’

The NUPL however said their inclusion in the matrix is a mere bait to engage them in absurd and endless tit for tat to distract them from their human rights lawyering.

“[The allegations] would have been amusing were it not perilous to the safety, security, and liberty, if not the lives, of each of the 500 or so lawyers, law students, law professors, judges, prosecutors, public defenders, government lawyers, and paralegals who are members of the NUPL in more than 20 chapters nationwide,” the NUPL said.

The NUPL said Ang’s story lacked evidence and credibility given his close association with Duterte and House of Representatives Speaker Gloria Macapagal Arroyo.

“Basic it is that for evidence to be credible, it must not only be credible in itself but must also come from a credible source. And more so if it is cloaked under a fictituous anonymity that does not give the object of such calumny a fair chance to contest,” NUPL said.

The National Union of Journalists of the Philippines (NUJP) also scored Ang’s report, calling it “a marvel of unethical and amateurish writing.”

“Based on a single anonymous source and a matrix showing a web of threads so tenuous it would not hold up in the slightest breeze, Ang’s piece of claptrap wouldn’t even pass muster at any self-respecting high school publication,” the NUJP said in a statement.

“In fact, proof that the matrix, the source and the story are hogwash is the fact that former NUJP chair – AND former [Manila] Times editor – Inday Espina Varona is listed in the matrix as among NUPL members. She is neither a lawyer nor connected to the NUPL,” the group added.

The NUJP also said what Ang has done is similar to the narco-lists Duterte is fond of trotting which often amount to hit lists, death sentences without the benefit of trial.

“What we do fear is that this “revelation” could be a prelude to a crackdown against independent media and human rights lawyers,” the group said, adding that Ang should be held accountable should any harm come to those named in his article. # (Raymund B. Villanueva)

Mga abugado humingi ng proteksyon sa Korte Suprema

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Nagtungo sa Korte Suprema sa Maynila ang grupong National Union of Peoples’ Lawyers o NUPL noong Abril 15 para maghain ng petisyon para sa Writ of Amparo at Writ of Habeas Data laban sa pananakot at harassment ng Armed Forces of the Philippines (AFP).

Sinamahan sila ng kanilang mga abugado mula sa Public Interest Law Center.

Ayon kay Atty. Edre Olalia, pangulo ng NUPL, layunin ng petisyon na mabigyan sila ng proteksyon ng Kataas-taasang Hukuman laban sa mga banta at red-tagging sa kanilang mga kasapi.

Kabilang sa mga respondent sa petisyon ay sina Pangulong Rodrigo Duterte, National Security Adviser Hermogenes Esperon Jr., Defense Sec. Delfin Lorenzana at AFP Civil Military Operations Chief General Antonio Parlade Jr.

Isa si Parlade na inakusahan ang NUPL na supporter ng Communist Party of the Philippines at New Peoples Army subalit mariing pinabulaan ng grupo at sinabing walang basehan ang mga paratang nito.

Nababahala ang NUPL sa ganitong pananakot. Ayon sa kanila, simula nang manungkulan si Pangulong Duterte ay 36 abugado na ang napapatay.

Pinakahuli dito ay si Atty. Benjamin Ramos na upisyal ng NUPL sa Negros na pinaslang noong Nobyembre 2018 sa Kabankalan City. (Bidyo ni Joseph Cuevas/ Kodao)

Court summons served to 2 tech companies over cyber-attacks vs alternative news

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By JANESS ANN J. ELLAO
Bulatlat.com

MANILA — A court summon has been served Thursday, April 11, to two tech companies facing a civil complaint before a Quezon City court over the cyber-attacks against several alternative news agencies in the Philippines.

“We welcome the serving of the summons before the two tech companies that were traced as sources of the cyberattacks against our sites, according to the digital forensic investigation of Sweden-based group Qurium,” said Rhea Padilla, national coordinator of AlterMidya – People’s Alternative Media Network, an umbrella organization of at least 30 alternative news agencies in the Philippines and one of the plaintiffs in the complaint.

National Union of Peoples’ Lawyer spokesperson Josalee Deinla told Bulatlat that the two tech companies namely IP Converge and Suniway Group of Companies are expected to submit their respective answers to the filed complaint in 15 days.

After this, the Quezon City Regional Trial Court Branch 220 will schedule the pre-trial, Deinla added.

Padilla said, “this is a first in many steps to find out who are behind this vicious bid to silence critical media and stifle freedom of expression in the country.”

On March 29, marking the 25th year since the first ever internet connection in the Philippines, four alternative news agencies filed a civil complaint over the relentless cyber-attacks in the form of Distributed Denial of Service.

Sweden-based Qurium Media Foundation, as stated on its digital forensic report, was able to unmask and trace the real IP addresses behind the cyber-attacks, which was allegedly carried out via the infrastructure of the two tech companies.

Bulatlat, through its publisher Alipato Media Center, is among the four plaintiffs in the civil complaint, along with Kodao Productions, Pinoy Weekly and Altermidya.  #

Alternative media outfits fight back, file complaints vs. cyber-attacks

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Alternative media outfits identified two companies where the intense cyber attacks against them since December are coming from.

Bulatlat, Kodao, and Pinoy Weekly, as well as the People’s Alternative Media Network (Altermidya) filed a civil complaint at the Quezon City Regional Trial Court this morning against IP Converge Data Services, Inc. and Suniway Group of Companies they believe are where the cyber-attacks are coming from.

“Through the solid and thorough digital forensic investigation of Sweden-based Qurium Media Foundation over time, it was discovered that the cyber-attacks were coming from companies IP Converge and Suniway,” Altermidya national coordinator Rhea Padilla said.

According to their respective websites, IP Converge Data Services, Inc. is the country’s first cloud services provider while Suniway is an internet services provider.

Exposed IP addresses

Padilla said the digital forensic report revealed that despite hiding behind a Virtual Private Network (VPN), one of the attackers exposed their real IP addresses when they accessed the website without turning on their hidden IPs.

In another instance, one of the attackers also revealed his IP address when he used his Samsung Android phone to check the websites of alternative media groups under attack.

The exposed IP addresses, she added, may easily be traced to IP Converge based on the findings of Qurium.

Meanwhile, Qurium learned that the infrastructure of networks being used to launch the attacks belongs to Suniway, which holds business addresses both in Hong Kong and in the Philippines with two Chinese national listed as among its officers.

“The user agents who conducted the attacks using devices within the premises and under the control and supervision of Defendants IP Converge and Suniway are unidentified at this point,” their complaint said.

First-ever complaint

Padilla said their civil complaint against cyber-attackers is the first ever in the Philippines.

“This is definitely a first and it will serve as a testament that we will neither be cowed nor will we allow these cyber-attacks to continue,” Padilla said.

The complainants were assisted by the National Union of Peoples’ Lawyers.

Since December 2018, alternative media sites have been subjected to sustained cyber-attacks in the form of a Distributed Denial of Service (DDoS) attacks.

DDoS refers to the malicious attempt to overload the server of a website, aimed to shut it down.

Padilla said this kind of attack “denies legitimate readers of access to truthful reports.”

“Plaintiffs have reasonable ground to believe that there are more than one of them, each one targeting a particular organization,” their complaint said.

Padilla added that launching a cyber-attack with this kind of magnitude and immensity is impossible without the knowledge of the companies.

The alternative media outfits maintained that these relentless cyber-attacks are politically-motivated.

They called on the two companies to reveal their real clients.

“We believe these attacks are state-sponsored and are part of the Duterte administration’s attempt to stifle press freedom in the country. It seems cyber censorship is one of the administration’s tactics to make way for an open dictatorial rule,” Padilla said.

The filing of the complaint coincided with the 25th anniversary of the internet in the Philippines.

In March 29, 1994, the first ever internet message were sent between the University of San Carlos in Cebu City and Syracuse University in New York. # (Raymund B. Villanueva)

Lawyer, doctor refused from seeing Frank Fernandez

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A lawyer assisting arrested National Democratic Front of the Philippines (NDFP) peace consultant Frank Fernandez complained of being repeatedly barred from visiting and consulting with her client at the Philippine Army General Hospital in Fort Bonifacio, Taguig City.

Atty. Kristina Conti of the National Union of Peoples’ Lawyers said that she has twice been refused from seeing Fernandez and his fellow detainees at the hospital even if she is allowed by law to do so.

“For the second time at Gate 6 of Fort Bonifacio, I have been denied access by MPBn (Military Police Battalion) chief Capt. Andres B. Ramirez upon instructions of his ‘higher-ups,’” Conti said on her Facebook account late Tuesday night.

Conti said that Captain Ramirez in fact told her she can visit Fernandez, his wife Cleofe Lagtapon and Geann Perez, who are all confined in the said hospital.

“Yesterday (Monday), he denied that a Frank or Francisco Fernandez was confined in the Army General Hospital. Today he reverses, but tells me that I can visit ‘anytime’ but only between 11am-4pm,” Conti said.

The lawyer said the military is violating Republic Act 7438, the Rights of Persons Arrested, Detained or under Custodial Investigation Law.

The law says lawyers, doctors, priests or spiritual adviser cannot be denied access any time, which Conti said Ramirez is disregarding.

“What’s roundly dissonant for me as a lawyer is the police posturing that this was a legitimate law enforcement operation, specifically arrest due to a lawful warrant. Yet, when I asked either Calabarzon Police Regional Director Edward Carranza or Laguna Police Provincial Chief Eleazar Matta for access they defer to the military,” Conti said.

Conti asked the military to be upfront if the three detainees are being treated as prisoners of war and under military custody instead of the police.

If the three are POWs, they should be treated as hors de combat, or out of action due to injury or damage, the lawyer explained.

“’Wag nyo na kami paikut-ikutin, literally and figuratively,” she said. (Do not try to fool us and make us run around.)

Conti said she wonders what excuses the military will use the next time she tries to visit her clients.

“Kelangan naka-sapatos? Naka-white? May strip search? Walang cellphone? Anong patakaran sa kampo na naman ang mangingibabaw sa civilian law enforcement/judicial orders?” she asked (Do I need to wear shoes? Wear white? Will they conduct a strip-search? What camp policies will they say lords over civilian law enforcement/judicial orders?)

“Martial law ba ulit?” she asked. (Is it Martial Law all over again?)

Doctor also turned away

Conti also revealed that an unnamed doctor sent to check on the three detainees was turned away.

“Earlier we sent a doctor, who came within the time stated by Capt. Ramirez, to check (on) the three. He was rebuffed, even if the inquest prosecutor’s resolution specified that Fr. Frank should see his doctor of choice,” Conti revealed.

Conti said Fernandez reported to the Sta. Cruz, Laguna inquest fiscal Monday evening that he is suffering from incessant interrogation by military agents, depriving him of sleep and affecting his general health.

Fernandez is reported to having heart and lung ailments the lawyer said need special attention.

“His condition, fluctuating BP (blood pressure) and all, is very worrisome. The military even had to pull into Asian Hospital on March 24 while they were taking him to Manila from Laguna because he was slurring his speech a bit,” Conti said.

The lawyer said it is suspected the former Roman Catholic priest and long-time NDFP spokesperson in Negros suffered a mild stroke or heart attack.

 “[Y]et he has not been allowed to choose a doctor or specialist. I am not too sure the Army General Hospital can take care of his needs – and in the first place, if it is in their interest (to do so),” the lawyer said.

Lagtapon is reported to be suffering from frail health while Perez is being treated for Hansen’s Disease.

Conti recalled previous clients who were sick while in prison and eventually died under detention.

“My experience with sick political prisoners is marred by deaths. Diona Andrea Rosal, stillborn, because his mother was under too much stress. Eduardo Serrano, Bernabe Ocasla, Alex Arias who suffered heart attacks in jail. My fervent hope is he does not join this mater dolorosa list,” she said.

She cautioned the military to treat the three detainees humanely.

“I understand the context is war – and two sides are at odds. Pero bawal bang maging makatao ‘pag magkaaway? Kung kaya ng isa, kaya din naman ng kabila, di ba?” she asked. (Isn’t it possible that both sides treat each other humanely? If one side can do it, the other side also can.)

Conti said that killing Fernandez while under government custody would not be killing the Communist Party-led revolution but is actually killing the peace. # (Raymund B. Villanueva)

PH withdrawal from ICC to worsen impunity, groups say

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By RONALYN V. OLEA
Bulatlat.com

MANILA — As the Philippines withdrawal from the International Criminal Court takes effect today, rights groups warned of escalating human rights abuses and further impunity.

Senatorial candidate and long-time human rights lawyer Neri Colmenares slammed President Rodrigo Duterte’s “self-serving” move. In his speech March 14 at the Integrated Bar of the Philippines (IBP), Colmenares said Duterte intends to evade accountability for his crimes against poor Filipinos.

The ICC has the jurisdiction to prosecute individuals for the crimes of genocide, crimes against humanity, war crimes, and crimes of aggression.

Duterte announced the country’s exit from the ICC after the tribunal started its preliminary examination of the charge of crimes against humanity filed against the President. Two complaints were filed against Duterte — one by Jude Sabio, lawyer of self-confessed Davao Death Squad member Edgar Matobato, and another by the National Union of Peoples’ Lawyers, counsel of families of victims of extrajudicial killings.

READ: Why kin of drug war victims charged Duterte for mass murder before ICC

Still, Colmenares explained that the withdrawal has no impact on the pending complaints filed against Duterte.

He cited Article 127 Rome Statute of the ICC stating that “a State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute.” The Rome Statute further states that a State’s withdrawal shall not affect any criminal investigations and proceedings which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

Colmenares said the ICC has jurisdiction over Duterte because domestic laws provide the Philippine president immunity from suit.

For its part, human rights alliance Karapatan underscored Duterte’s “double-talk” with regard to the ICC.

“Duterte previously denied ordering extrajudicial killings, only to admit to it in several live telecast. He has also expressed willingness to subject himself to investigation under the ICC, but withdrew the country from the Rome Statute. This government has denied perpetrating human rights violations while persecuting human rights advocates and silencing the voices of victims and their kin who counter the State’s repeated denials,” Roneo Clamor, Karapatan deputy secretary general, said in a statement.

“The Duterte government is run by pathological liars and militarists who are corrupt to the core, able to subvert laws and mechanisms to evade accountability,” Clamor said.

In a separate statement, NUPL President Edre Olalia said that with the Philippines’ exit from the ICC, “victims will again be deprived of an alternative arena for redress.”

In lieu of the ICC, Olalia said other means of exacting accountability could be explored, such as the creation of a special tribunal sanctioned by the United Nations or through people’s tribunals. #

Accusing lawyers as communists sets them up to be killed—Agcaoili

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Accusing progressive lawyers of being under the direct control of the Communist Party of the Philippines (CPP) is setting them up to be killed, National Democratic Front of the Philippines (NDFP) Negotiating Panel chairperson Fidel Agcaoili said.

Reacting to a February 27 Philippine News Agency (PNA) report that he has the National Union of Peoples’ Lawyers (NUPL) directly under his command, Agcaoili said the accusation by the so-called “No to Communist Terrorist Group Coalition” has a more sinister objective.

“[The accusation] is meant to smear any organization or individual to set them up for the kill, as has been shown in many cases in the past such as those of NDFP consultant Randy Malayao and NUPL lawyer Benjamin Ramos,” Agcaoili said in a statement.

In a PNA report, the coalition accused Agcaoili of using the NUPL to lawyer for accused communists facing legal complaints so that “top-level” rebels are shielded.

“Agcaoili handles the legal affairs of the [communists] and he has the NUPL directly under his command,” the group alleged.

The Left’s chief negotiator, however, denied the allegations, adding the PNA report was also mistaken in saying he is a lawyer.

“For the record, I am not a lawyer, never had the ambition to be one despite coming from a family of lawyers. So I have nothing to do with the [NUPL], though some of its members happen to be legal consultants of the NDFP Negotiating Panel even before the organization was founded, as well as legal counsels of detained NDFP consultants and political prisoners,” Agcaoili said.

“Such happenstance does not make NUPL a so-called front of the [CPP] nor are the concerned lawyers as members of the Party,” he added, challenging his accusers of proving their accusations.

“In accordance with due process, it is for any court of law, be it revolutionary or reactionary, to determine the truth of such allegations through competent and admissible evidence and not through manufactured witnesses or planted evidence like what is brazenly happening now,” Agcaoili said.

Agcaoili in turn accused the coalition of being part of “the GRP security cluster [that] are having a heyday in engaging in a wild frenzy of anti-communist witch hunting against legal democratic organizations, individuals and the parliamentary opposition.”

“They have even become bold enough to disrespect and challenge the pronouncements of their commander-in-chief. But I leave it up to them to sort out their differences,” Agcaoili said, referring to a recent pronouncement by Government of the Republic of the Philippines President Rodrigo Duterte that he may be allowed back into the country. # (Raymund B. Villanueva)